ENQUIRY RELATE ELECTION

Te Aroha News, Volume II, Issue 72, 18 October 1884, Page 2

ENQUIRY R ELATE ELECTION

On Wednesday laso Mr Kenrick heM an enquiry into the Into election of Mr Denis Murphy to a sent on the Pisiko County Council, ad representative of this riding, in compliance with a petition signed by a nu über of ratepayers requesting that he would so do, on the grounds thaf the noiuiu.ition of sail candidate had not been given within the lime or in the manner required. Mr J. A. Miller (solicitor) appeared on behalf of Mr Murphy. Mr James Mills stated the case on be.ialf of the pet.tioners. The princip.tl witnesses examined were Mr t\ P.ivitt, Returning Officer, who proved the Holding of th" election referred to on the 3rd inst. to fill an extraordinary vacancy in the County Council, through tie instructions received from Mr Caas. Tuck,' County Clerk, said instructions st.itiug that the Viicuncy occurred on Septembr 9th. Mr Ouarles Tuck (sworn) in reply to His Worship, stated that " he notified Mr F. Pavitt, Returning Officer, of the vacancy referred to, and that he arrive'! at the conclusion that there was an extraordinary vacancy through ' the lati 4 Returning Officer. (Mr Hunt) informing himself and the Chairman of the County Conncil that the prior election when -Mr E. K. Cooper was returned,, hail been declared void by His Worship. He hail, however, received no instructions to thai effect from the Court. His Worship roM Mr Tuck he shorn*. ! not have declared the election of Mr Cooper invalid, unless he had receive i insl ructions from the Magistrate so to i do. No such instructions had been sen 1 him or wvie .wer issue I. His Worship farther stated that he ha I not declare! A'lr Cooper's election invalid or gone into thi, petition presented on that occasion nt all, because, as he then slated, then being no propery appointed returning officer, no election had taken place* That being so, an extraordinary vacancy could not possibly have occurred, on Sept. 9fh as stated by tlie County Cleiv nut the extraordinary v.icancy must dai bftok to the time when Mr H K. Waitaker resigned (July 3»)tu). ' A the Act requires tu»t the election take place within 25 , days from >dato <- vacancy, the only course open would l»t» get a special order irom the Governo eftpuding 1 the time. Tuh extraordinar i vacaicy, to till wuich tue last election

wns snppoged to 'have bee.n held, had really never occurred at all. No vacancy laviny occurred there was nothing 10 enquire into. His Wors tip furtner remarked that alt.iioiiifh Mr Cooper had never been properly elected, still he had l>e<n declared duly ♦■lect.ed by the same remrninif officer as had elected the other sitting n^mlters, and consequently li<>ld •i ft'vit on th» comity council on the <umu j^roun Is as all tlit .)tli(-r councilors.